At RPX, we are great believers in the power of collaborative action. Our network was formed as a united response to widespread patent risk, and an ethos of sharing resources informs nearly everything we do. For example, at RPX's fifth annual conference in early May, we held a group session at which more than 100 in-house IP attorneys and company executives shared insights and ideas on the current patent reform efforts in Washington.

The session started with useful context-setting remarks by Nathan K. Kelly, deputy general counsel for intellectual property and solicitor at the U.S. Patent and Trademark Office (USPTO). Kelly reminded the audience that any and all discussion of patent reform needs to be balanced and take into account the pitfalls that lurk behind the potential gains for the patent ecosystem.

Kelly gave two examples concerning recent Supreme Court cases. He pointed out that the recent Section 285 decisions in the Highmark and Octane rulings may actually end up undermining support for fee-shifting legislation in the Senate. Similarly, mandating a universal Section 112 standard in the pending ruling in Nautilus would weaken the current debate on indefiniteness.